City of Long Beach v. Workers' Compensation Appeals Board
Opinion
Opinion
Aldrich, J.
INTRODUCTION
David A. Garcia, a police officer employed by petitioner the City of Long Beach (the City), contracted kidney cancer during his employment. A workers’ compensation judge (WCJ) found the cancer arose out of and in the course of Garcia’s employment, and awarded Garcia benefits. Reconsideration of the WCJ’s award was denied. The City sought a writ of review and annulment of the order of the Workers’ Compensation Appeals Board (WCAB) denying reconsideration of the findings and award of the WCJ. We affirm the WCAB’s order denying reconsideration.
Labor Code section 3212.1, as amended in 1999, provides that when certain peace officers and firefighters demonstrate they were exposed to known carcinogens during the course of their employment, it is presumed that any cancer they contract during, or within a specified period after, their employment arose out of and in the course of the employment. The employer may rebut the presumption by showing (1) the primary site of the cancer has been established, and (2) the carcinogen to which the employee was exposed is not reasonably linked to the cancer.